1. ) SITI ZALEHA BINTI AB HAMID 2. ) Ayu Nadirah Binti Abdullah 1. ) MOHAMAD NAZIR BIN ISMAIL 2. ) KRISHNAN A/L B MUNUSAMY 3. ) MALAYSIAN MOTOR INSURANCE POOL

1. ) SITI ZALEHA BINTI AB HAMID 2. ) Ayu Nadirah Binti Abdullah 1. ) MOHAMAD NAZIR BIN ISMAIL 2. ) KRISHNAN A/L B MUNUSAMY 3. ) MALAYSIAN MOTOR INSURANCE POOL

On the totality of evidence the Sessions Court was entitled to find that the van involved was AAT 8623 and not WDB 8532; allegations of vehicle swap and fraud, supported by witness testimony and documentary inconsistencies, meant plaintiffs failed to prove liability on a balance of probabilities; conflict of interest in funding did not warrant retrial; quantum findings and awards by the Sessions Court were not disturbed on appeal.

Citation
AA-12B-15-06/2020 (Mahkamah Tinggi)
Parties
Appellant (first Plaintiff, Next Friend): Siti Zaleha binti Ab Hamid (for Mohamad Amar Hakimie bin Mohamad Fuad); Appellant (second Plaintiff): Ayu Nadirah binti Abdullah; Respondent 1 (first Defendant): Mohamad Nazir bin Ismail; Respondent 2 (second Defendant): Krishnan a/l B Munusamy; Respondent 3 (third Defendant / Insurer): Malaysian Motor Insurance Pool (managed by MMIP Services Sdn Bhd)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
AA-12B-15-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Road Accident, Vehicle Identity Swap, Fraud, Assessment of Damages, Conflict of Interest, Professional Conduct
Source Language
Malay/English
Negligence Insurance Civil Procedure Motor Vehicle Law Road Accident Vehicle Identity Swap Fraud Assessment of Damages +2 more

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Parties

Siti Zaleha binti Ab Hamid (for Mohamad Amar Hakimie bin Mohamad Fuad)

Appellant (first Plaintiff, Next Friend)

Ayu Nadirah binti Abdullah

Appellant (second Plaintiff)

Mohamad Nazir bin Ismail

Respondent 1 (first Defendant)

Krishnan a/l B Munusamy

Respondent 2 (second Defendant)

Malaysian Motor Insurance Pool (managed by MMIP Services Sdn Bhd)

Respondent 3 (third Defendant / Insurer)

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the motor van WDB 8532 was involved in the accident or whether AAT 8623 was the vehicle involved
  2. 2 Whether plaintiffs proved liability on a balance of probabilities
  3. 3 Whether conflict of interest arising from insurer funding defence warranted retrial

Ratio Decidendi

On the totality of evidence the Sessions Court was entitled to find that the van involved was AAT 8623 and not WDB 8532; allegations of vehicle swap and fraud, supported by witness testimony and documentary inconsistencies, meant plaintiffs failed to prove liability on a balance of probabilities; conflict of interest in funding did not warrant retrial; quantum findings and awards by the Sessions Court were not disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Costs awarded: RM100,000 to the first and second defendants (shared/subject to allocatur)